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Brooklyn Family Law Blog

Mediation may help create prenups for potential asset division

Because divorce can bring up many life issues, some individuals like to take the time to plan ahead for such an event. Particularly, New York residents may wish to determine what steps they could take in order to help any asset division proceedings go more smoothly should the marriage not work. Luckily, individuals could utilize mediation in order to come up with a prenuptial agreement.

In many cases, certain people feel taken aback by the idea of creating a prenup. One spouse may request the agreement, and the other spouse may feel as if the request is some slight against him or her. However, the topic and creation of a prenuptial agreement does not have to be approached with hostility. Mediation can allow parties to work together to determine what terms they feel most comfortable with.

How does alimony affect my tax return?

When your divorce finalizes, you may find yourself handed a spousal support order. This will no doubt have some affect on your monthly budget, if your alimony order stipulates monthly payments, or you may face a one-time lump-sum alimony payment.

But beyond its immediate impact on your finances, how does alimony affect your taxes come tax return season?

Dealing with anger may prevent regrettable divorce decisions

The emotional experience of ending a marriage can take a considerable toll. Each New York resident going through divorce may face different feelings throughout the process, but one common emotion that many people feel in such a situation is anger. Because anger can cause individuals to act outside their normal approaches, it is important to try to keep that emotion in check as much as possible. 

One of the first steps a person can take when hoping to deal with anger is to acknowledge that he or she is angry. This may seem like an unnecessary step, but many parties attempt to ignore their anger, which may only cause it to simmer and get worse. Once individuals accept that they are feeling angry, they can find the best method for dealing with that emotion. 

Serious issues could point New York residents to divorce

A jarring situation can often spur individuals into action. Unfortunately, some of those events could cause considerable devastation and make a person question various aspects of his or her life. When a spouse commits an unspeakable act, it is not unusual for an individual to feel the need to go through divorce in order to leave the relationship as soon as possible.

New York residents may be interested in one woman's tragic case that has led to her filing for divorce. Reports stated that the woman had a daughter but was married to a man who was not the girl's father. Recently, the stepfather was taken into custody and charged with murder after the daughter's body was found approximately two miles from their home. 

New York residents may want to consider legal separation

Even when relationships are facing considerable trials, some New York residents may want to fight for their marriages. While it is entirely plausible that individuals can work through their problems and continue with their marriages, they may not be able to do so while under the same roof. Therefore, they may wish to consider legal separation.

One man recently gave his account of asking for separation first. He expressed the difficulty that the idea of divorce gave him because of his concern for his two children. He apparently thought that he would raise his children with his wife for their entire lives, but he acknowledged that their fighting became overwhelming. Before deciding to end the relationship, they went through counseling but to no avail.

Danger may prompt New York parents to change child custody terms

One of the hardest situations a parent may have to go through involves determining custody for his or her children. Divorce often results in the court deciding child custody terms, and some parents may not always feel comfortable with those outcomes. Though the decisions should be in the best interests of the children, some agreements may need adjustments later on.

New York residents may be interested in an event that recently occurred in another state that related to a custody exchange. A mother and her boyfriend had apparently met with the child's biological father in order to conduct the exchange. However, an argument broke out between the father and boyfriend, and the father fired gunshots, causing the mother the flee the scene.

Collaboration may work for some New York divorce cases

When individuals are able to agree fairly easily, collaborating when it comes to resolving issues may be a valid approach. If New York residents are able to remain on good terms, they may even be able to use a collaborative approach when it comes to their divorce cases. Though many parties may be unfamiliar with collaborative law, it is an alternative dispute resolution method that could benefit many people.

When using a collaborative approach, parties work to avoid court proceedings and litigation by working together to come to settlement terms. In addition to themselves, the parties can also obtain legal counsel as well as work with other professionals who could bring valuable insight into the process. These other assisting parties may be financial coaches, therapists, child psychologists or other neutral parties that can prove useful.

Don’t lose your business in a New York divorce

When divorce comes knocking for New Yorkers, it has the potential to devastate small business owners whose businesses are not protected from their marriages. If you own a business and did not protect yourself and your business with a prenuptial agreement, you may have to make some very difficult choices in the coming weeks and months if you hope to keep the business intact through the dissolution of your marriage.

Each divorce is different, and requires a different approach. Strategies that work for one business owner may not work as well for another. The good news is that saving the business is possible. However, there are no guarantees, and you must identify your priorities and begin building a strong legal strategy as soon as possible.

Commingling could affect asset division in New York

Though spouses may be more than willing to share property when they first get married, the idea of splitting assets may seem like a terrible ordeal if the couple chooses to divorce. Asset division can affect everyone differently. However, because New York is an equitable division state, marital assets will be divided by the court as fairly as possible.

Because marital property essentially goes under the knife during division proceedings, individuals may want to determine their separate property. Knowing what assets will not be split between the divorcing parties is an important starting point in many divorce proceedings. This may be of particular interest when it comes to debts that may have been accrued before and/or during the marriage.

Actor Jesse Williams, wife heading for divorce

There are many factors to consider in ending a marriage. Even after the decision to divorce has been made, parties will need to address property division, custody, alimony and a myriad of other life aspects based on their relationship and future lives. Because there is so much to address, many individuals may find themselves facing uncertainty when it comes to the outcomes of their cases. 

New York residents may be interested to know that actor Jesse Williams and his wife of five years have decided to divorce. Though the pair are apparently trying to move forward amicably, reports have already indicated that Williams does not want to pay alimony and that it is likely there is no prenuptial agreement in place. As a result, some complications could arise if the parties are unable to agree on terms.

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